California Federal Judge Charles Breyer ruled on Tuesday (September 2) that President Trump’s deployment of the National Guard to Los Angeles in June this year was illegal. The deployment of the National Guard was ordered by the President to maintain order in response to the riots and protests erupting in California during the summer, a move opposed by local authorities. President Trump responded forcefully to the ruling.
President Trump stated at the White House on Tuesday that he may again send troops to Los Angeles, accusing Governor Newsom of being “extremely weak” and saying, “He will need us again because the situation is deteriorating once more, and I can see that clearly.” He also mentioned that without his military deployment, the 2028 Los Angeles Olympics would likely have been canceled.
In June of this year, to respond to demonstrations against immigration raids, President Trump deployed the National Guard to Los Angeles, insisting it was a necessary measure to quell violence. However, California officials maintained that local law enforcement agencies could handle the situation and that military intervention was not required.
Currently, President Trump has deployed hundreds of National Guard members in Washington, D.C., leading to a noticeable improvement in security in the capital. He is considering sending troops to Chicago later this week, stating to reporters on Tuesday, “We will intervene, I haven’t said when, but we will intervene.”
White House spokesperson Anna Kelly criticized Judge Breyer on Tuesday, accusing him of trying to usurp the power of the Commander-in-Chief and obstruct the government’s actions to protect American cities from violence and destruction. She also stated, “The President is committed to protecting law-abiding citizens.”
U.S. Acting Prosecutor Bill Essayli responded on X on Tuesday, stating, “The military will continue to be stationed in Los Angeles, they have never directly enforced law enforcement duties in Los Angeles, they are there to protect federal employees and properties so that federal agents can safely enforce federal law when facing violent rioters facilitated by state and local politicians.”
Previously, California had initiated another legal lawsuit in an attempt to regain control of the National Guard in the state, with Governor Newsom accusing President Trump of illegally bypassing his authority to deploy troops. Judge Breyer, who presided over the case, had ruled in favor of Newsom, but the Ninth Circuit Court of Appeals supported Trump’s decision in June.
Judge Breyer’s ruling only applies to prohibiting the Trump administration from using the National Guard in California and not nationwide.
Judge Breyer did not require the Department of Defense to withdraw the 300 National Guard soldiers still stationed in Los Angeles in his ruling. He pointed out that the government was not prohibited from using military forces under the Posse Comitatus Act and wrote that they could continue to protect federal properties within the bounds of the law.
The execution of this ruling is postponed until September 12 to give the Trump administration time to appeal.
Breyer stated that Trump’s actions violated the Posse Comitatus Act, which restricts the federal government from using military force to handle domestic affairs.
The act was first passed in 1878, banning federal troops from acting as domestic law enforcement unless authorized by Congress. Congress has the authority to create exceptions, permitting the use of military force for civil law enforcement tasks in specific situations, such as quelling insurrections or enforcing specific federal laws.
Breyer concluded that the manner in which the Trump administration used the National Guard in Los Angeles violated these restrictions, with soldiers performing tasks like setting up perimeters, traffic control, crowd management deemed as activities expressly prohibited by law.
In his ruling, Breyer wrote, “President Trump’s recent executive orders and public statements regarding the National Guard raise serious concerns about whether he would order troops to violate the Posse Comitatus Act in other areas of California.”
He also warned that President Trump and Defense Secretary Pete Hegseth were risking “establishing a national police force led by the President.”
Breyer ordered the National Guard not to carry out certain law enforcement duties, including “arrest, detention, search, apprehension, perimeter security, traffic control, crowd control, riot control, evidence collection, interrogation, or acting as informants.”
In June of this year, Los Angeles, California witnessed large-scale riots in response to the Trump administration’s immigration enforcement actions. President Trump’s decision to deploy the National Guard to Los Angeles to support federal authorities in carrying out immigration raids was met with opposition from Governor Gavin Newsom.
Newsom subsequently filed a lawsuit, alleging that these troops violated longstanding U.S. norms and the Posse Comitatus Act.
However, the Trump administration argued that the law did not apply in this case since the National Guard was protecting federal officials, not involved in law enforcement activities.
(This article drew on reports from BBC and FOX NEWS.)